Provisional relief denied for asylum seeker refusing transfer to Germany due to health risks.
Sintesi Legislator
Generato dall'IAThe provisional relief request was dismissed by the provisional judge following the Administrative Chamber's rejection of the appeal. The asylum seeker argued that transferring him to Germany would cause irreversible health deterioration and violate Article 3 of the ECHR, citing a specific CJEU case. The court found that the medical evidence did not objectively prove such risks and that the applicant's refusal to cooperate with the transfer did not constitute a forced removal requiring urgent protection.
Regesto Legislator
Generato dall'IAArticles 8:81 and 8:83 of the General Administrative Law Act; A provisional measure is only granted if urgent interest exists and irreparable harm would occur; mere fear of health deterioration without objective proof of irreversible consequences does not satisfy the threshold for urgent interest.